[1] This appeal was heard on the 30th day of October 2014. The appeal arose from an application made by the respondent (defendant) (encl 4) pursuant to s 10 of the Arbitration Act 2005 (the said Act) and/or pursuant to the inherent jurisdiction of the court to stay proceedings in the High court pending the matter being referred to Arbitration (at pp 115-116 of the Appeal Record vol 1). The appellant (plaintiff) opposed the application. The High court granted the said order sought (at p 35 of the Appeal Record vol 1). The plaintiff appealed to this court on 18 June 2014 (at pp 37-38 of the Appeal Record vol 1).

[2] Facts germane to this appeal:

(a) The plaintiff operates an aluminium smelting plant ("plant") in Mukah, Sarawak;

(b) By a placement slip numbered D12EE0852324 dated 24 October 2012 ("placement slip") (at pp 286-295 of the Appeal Record vol 2(1)), the defendant, as